Court Strikes Down Suspension of Welfare Programs for Construction Workers Amidst Election Code of Conduct.
06 November 2024
Elections Law >> Constitution & Law Procedure
In a significant ruling of Maharashtra Rajya Bandhkam Kamgar Sanyukt Kriti Samiti & Others v/s State of Maharashtra through the Secretary, Department of Industry, Energy & Labour & Others, the Bombay High Court has quashed a circular issued by the Maharashtra Building and Other Construction Workers' Welfare Board (BOCW Board), which had suspended key welfare measures for construction workers during the election period. The circular, issued on October 17, 2023, had halted activities such as the registration and renewal of construction workers as beneficiaries, as well as the distribution of safety gear, housing assistance, and other statutory benefits under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW Act).
The suspension, which was attributed to the Model Code of Conduct (MCC) for the upcoming Maharashtra Legislative Assembly elections, sparked a legal challenge. The petitioners, primarily trade unions and organizations representing construction workers in the state, argued that the activities suspended were not related to election campaigning or any new electoral promises, and that the circular effectively deprived workers of statutory benefits guaranteed by the BOCW Act.
Background of the Dispute:
The BOCW Act is a crucial welfare legislation aimed at safeguarding the health, safety, and welfare of construction workers, a significant yet largely unorganized section of the workforce. Under this Act, workers are entitled to a range of benefits, including health and maternity cover, insurance, education allowances, and housing assistance, which are administered by state welfare boards.
The Maharashtra BOCW Board had issued the circular suspending key activities in light of the Model Code of Conduct, which governs political activities during election periods. The board raised concerns about potential conflicts with the MCC, particularly regarding the direct transfer of benefits to workers, fearing it might be seen as an inducement to voters. Consequently, they sought guidance from the Election Commission on whether these ongoing welfare activities could continue during the election period. Until clarification was received, the board decided to suspend various welfare measures under the Act.
The Court's Ruling:
The petitioners contended that the suspension of these welfare measures was both unwarranted and unlawful, as they were statutory obligations that had no connection with electioneering or new policy announcements. Arguing that the right to register as a beneficiary and receive benefits under the Act was a legal entitlement and not a political concession, the petitioners emphasized the dire consequences for workers who would lose access to essential welfare services.
The Bombay High Court, after considering the provisions of the BOCW Act and the Model Code of Conduct, ruled in favor of the petitioners. The court found that the Model Code of Conduct did not prohibit the continuation of existing welfare schemes or the registration of construction workers under the Act. The suspension of these activities, the court held, was not justified under the MCC, as they were ongoing statutory obligations and not new policy decisions or electoral inducements.
The court emphasized that the Model Code of Conduct primarily seeks to prevent the announcement of new schemes, projects, or promises during the election period, particularly those that could influence voters. However, it does not extend to suspending the administration of pre-existing welfare schemes that are already in place.
In its ruling, the court explicitly stated that the BOCW Act and its associated welfare schemes must continue without interruption, even during elections, and directed the Board to immediately resume the registration and benefits process for construction workers.